HB0394Enacted

Amends TCA Title 4; Title 37; Title 38; Title 39; Title 40 and Title 41.

Under present law:<br /> <br /> (1) Release eligibility for a defendant receiving a sentence of imprisonment for life for first degree murder occurs after service of 60 percent of 60 years, less sentence credits earned and retained by the defendant, but in no event is a defendant sentenced to imprisonment for life eligible for parole until the defendant has served a minimum of 25 full calendar years of the sentence. A defendant receiving a sentence of imprisonment for life for first degree murder is entitled to earn and retain sentence credits, but the credits do not operate to make the defendant eligible for release prior to the service of 25 full calendar years; and<br /> (2) There is no release eligibility for a person committing first degree murder, on or after July 1, 1995. The person must serve 100 percent of the sentence imposed by the court less sentence credits earned and retained. However, no sentence reduction credits operate to reduce the sentence imposed by the court by more than 15 percent (meaning the person has to serve 85 percent of 60 years, which is 51 years).<br /> <br /> This bill clarifies that the provisions described above in (1) apply when the offense was committed prior to July 1, 1995, and clarifies in regard to the provisions in (1) that the offender is eligible for parole after service of a minimum of 25 calendar years.<br /> <br /> ON APRIL 30, 2019, THE HOUSE ADOPTED AMENDMENTS #2 AND #1 AND PASSED HOUSE BILL 394, AS AMENDED.<br /> <br /> AMENDMENT #2 reorganizes the language of this bill and present law regarding release eligibility, but does not make a substantive change. <br /> <br /> AMENDMENT #1 revises present law regarding admission to bail. Under present law:<br /> <br /> (1) A person who violates a condition of release is subject to immediate arrest; and<br /> (2) If the violation of the condition or release does not also constitute a violation of an order of protection or restraining order, then release condition violation is punished as contempt of the court imposing the conditions, and the bail of the person violating the condition of release may be revoked.<br /> <br /> This amendment revises (2) above to instead provide that violation of a condition of release is a Class A misdemeanor. Under this amendment, the person violating the condition of release will be charged with the offense, and the bail of the person may be revoked by the court having jurisdiction over the condition of release. The venue for the new offense will be in the county where the violation of a condition of release occurred.<br /> <br /> ON FEBRUARY 6, 2020, THE SENATE SUBSTITUTED HOUSE BILL 394 FOR SENATE BILL 453, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 394, AS AMENDED.<br /> <br /> AMENDMENT #3 removes the changes described in the summary for House Amendment #1.<br /> <br /> ON FEBRUARY 24, 2020, THE HOUSE NONCONCURRED IN SENATE AMENDMENT #3.<br /> <br /> ON MARCH 2, 2020, THE SENATE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING SENATE AMENDMENT #3.<br /> <br /> ON MARCH 9, 2020, THE HOUSE REFUSED TO RECEDE FROM ITS NONCONCURRENCE IN SENATE AMENDMENT #3 AND APPOINTED A CONFERENCE COMMITTEE. <br /> <br /> ON JUNE 4, 2020, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON JUNE 11, 2020, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON JUNE 17, 2020, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />

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Overview

Under present law:<br /> <br /> (1) Release eligibility for a defendant receiving a sentence of imprisonment for life for first degree murder occurs after service of 60 percent of 60 years, less sentence credits earned and retained by the defendant, but in no event is a defendant sentenced to imprisonment for life eligible for parole until the defendant has served a minimum of 25 full calendar years of the sentence. A defendant receiving a sentence of imprisonment for life for first degree murder is entitled to earn and retain sentence credits, but the credits do not operate to make the defendant eligible for release prior to the service of 25 full calendar years; and<br /> (2) There is no release eligibility for a person committing first degree murder, on or after July 1, 1995. The person must serve 100 percent of the sentence imposed by the court less sentence credits earned and retained. However, no sentence reduction credits operate to reduce the sentence imposed by the court by more than 15 percent (meaning the person has to serve 85 percent of 60 years, which is 51 years).<br /> <br /> This bill clarifies that the provisions described above in (1) apply when the offense was committed prior to July 1, 1995, and clarifies in regard to the provisions in (1) that the offender is eligible for parole after service of a minimum of 25 calendar years.<br /> <br /> ON APRIL 30, 2019, THE HOUSE ADOPTED AMENDMENTS #2 AND #1 AND PASSED HOUSE BILL 394, AS AMENDED.<br /> <br /> AMENDMENT #2 reorganizes the language of this bill and present law regarding release eligibility, but does not make a substantive change. <br /> <br /> AMENDMENT #1 revises present law regarding admission to bail. Under present law:<br /> <br /> (1) A person who violates a condition of release is subject to immediate arrest; and<br /> (2) If the violation of the condition or release does not also constitute a violation of an order of protection or restraining order, then release condition violation is punished as contempt of the court imposing the conditions, and the bail of the person violating the condition of release may be revoked.<br /> <br /> This amendment revises (2) above to instead provide that violation of a condition of release is a Class A misdemeanor. Under this amendment, the person violating the condition of release will be charged with the offense, and the bail of the person may be revoked by the court having jurisdiction over the condition of release. The venue for the new offense will be in the county where the violation of a condition of release occurred.<br /> <br /> ON FEBRUARY 6, 2020, THE SENATE SUBSTITUTED HOUSE BILL 394 FOR SENATE BILL 453, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 394, AS AMENDED.<br /> <br /> AMENDMENT #3 removes the changes described in the summary for House Amendment #1.<br /> <br /> ON FEBRUARY 24, 2020, THE HOUSE NONCONCURRED IN SENATE AMENDMENT #3.<br /> <br /> ON MARCH 2, 2020, THE SENATE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING SENATE AMENDMENT #3.<br /> <br /> ON MARCH 9, 2020, THE HOUSE REFUSED TO RECEDE FROM ITS NONCONCURRENCE IN SENATE AMENDMENT #3 AND APPOINTED A CONFERENCE COMMITTEE. <br /> <br /> ON JUNE 4, 2020, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON JUNE 11, 2020, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON JUNE 17, 2020, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />

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Sponsor

Garrett, Johnny

Details
Session

111th General Assembly

Introduced

January 31, 2019

Last Action

July 22, 2020

Pub. Ch. 765

Subjects
SentencingCriminal Procedure

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HB0394: Amends TCA Title 4; Title 37; Title 38; Title 39; Title 40 and Title 41. | LegisGo